A Shift Too Far: The Failure to Recognize Shiftwork Maladaptation Syndrome as an Injury Under Workers' Compensation Law

Abstract

Shiftwork is a dangerous and unhealthy practice. Shiftworkers are more likely to suffer from a variety of medical ailments such as gastrointestinal disorders, cardiovascular disorders, weight gain, depression, low birth weight, and spontaneous abortion. Shiftworkers also suffer from greater workplace accidents than their daytime counterparts. Yet, little legal protection exists for employees who work these arduous schedules not because of personal choice but because their employers demand it.

This brief article examines the state of the law towards shiftwork maladaptation syndrome in the United States and Canada and its treatment under the Americans with Disabilities Act. Part I of this article explains shiftwork and the current state of shiftwork law today. Part II discusses shiftwork maladaptive syndrome and the syndrome's treatment under American law and Canadian law. Part III presents normative suggestions for further recognition of this widespread disorder.

Keywords: shiftwork, employment law, workers' compensation, disability

JEL Classification: K31, K32